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Alternative Fee Arrangements

The Benefits of AFAs

Alternative fee arrangements (AFAs) provide two primary benefits to our clients: the alignment of cost and value, and the predictability of spend. Fish currently has a wide variety of AFAs in place for litigation and for patent and trademark prosecution.

Common AFA Models for Litigation

Fixed Fee

  • A monthly fixed fee is charged regardless of work performed.
  • A tiered fixed-fee structure based on complexity and timing of each matter is charged.
  • A fixed fee by phase of litigation or defined scope of work is charged.

Blended Rate

  • A single hourly rate is charged for all attorneys.

Holdback with Success Bonus

  • A percentage is held back each month for fees.
  • We assume the risk and are vested in the success of the case. If we are successful, monies held back will be paid, plus potential bonus. If we are not successful, holdback will not be paid.

Combination of Billing Methods

  • A fixed fee is charged until trial, and hourly rates are charged during trial.
  • An hourly blended rate is combined with the holdback and success bonus option.

Contingency Fee

  • Fees are based on a percentage of recovery.

Collared Fees

  • A fixed fee estimate and payment schedule is established with a collar above and below the fixed fee estimate (typically 10% above/below). If the value of actual fees incurred is above 110% of the estimate or below 90% of the estimate of the collared range, the firm and client agree on a set percentage of the overage/deficiency to be paid by the client or credited to the firm.

Selecting the Right Model

Fish partners with its clients at the outset to understand their business objectives and identify the best AFA model for that matter or group of matters. Our clients frequently find that the most suitable AFA structure varies depending on the type of project or litigation or on the strategic importance and value of the matter to the client.

We work with thousands of the world’s largest and most innovative companies that trust Fish to provide strategic counseling and litigation services in order to protect and maximize the value of their intellectual property. We can do the same for you.